Modi Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32168 of 2020 Arising Out of PS. Case No.-147 Year-2020 Thana- KALYANPUR District- Samastipur ====================================================== MODI RAY S/o Late Janak Ray R/o Village- Jakhara, P.S.- Kalyanpur, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar, Adv For the Opposite Party/s :

Mr. R.P.Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 15.07.2020 in connection with Kalyanpur P.S. Case No. 147 of 2020 for the alleged offences under Sections 47, 30(a), 41(2)(1) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 73.140 litres of foreign liquor. It is further submitted that the offending goods have not been recovered from the conscious possession of the petitioner.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 15.07.2020, let the petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to

Patna High Court CR. MISC. No.32168 of 2020(3) dt.11-01-2021 2/2 the satisfaction of learned Additional Sessions Judge 2nd-cumSpecial Judge, Excise, Samastipur in connection with Kalyanpur P.S. Case No. 147 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T